2. Philip Lipscomb , of St. Leonard, Shoreditch , was indicted for breaking and entering the House of Thomas Newsome , about the Hour of 4 in the Night, with Intent of the said Newsome to steal , &c. Jan

Thomas Newsome . O about 11 at Night, I made all nt to Bed; I was called up ing, and found the Prisoner: On searching my Cellar, which the Prisoner owned to be.

John Spencer . I am Servant to Mr. Newsome. My Master and I fastened all the Doors, and went to Bed about 11 o'Clock, we were called up about 4 the next Morning, and found the Prisoner in Custody of there Men, who were very bloody. This Hat was found in the middle of the Cellar, and the Prisoner owned it was his.

Wm Ford . I am a Watchman, and was going Home a little after 4 o'Clock, and saw the Prisoner standing at Newsome's Cellar Door; I cry'd Halloo! he said Halloo again, and I went to my own House, which is about 8 or 10 Yards from Newsome's Door. I look'd out of my Window, and the Prisoner went into the middle of the Street, and look'd all round him; he then went back to the Cellar, and I saw him open the Door and go down. After this, I called up John Blake , and he went with me, but when we came there, the Cellar Door was fast; he (Blake) smiled, and said I was mistaken. I had no sooner turned my Back to call up Mr. Newsome, but Blake called me to his Assistance, and I seized the Prisoner coming out of the Cellar, and just as he came on the last Stair he gave Blake a Knock with something, which made him reel, and this Lathing Hammer was afterwards found in the Place where we had the Scuffle.

John Blake . About 4 in the Morning, the last Witness Ford called me out of Bed; he said he had seen a Man go into Mr. Newsome's Cellar, and desired me to go and assist in taking him. We went to the Cellar Door, and it seemed to be fast, I niled, and said he was mistaken, he was certa he was not, and turn'd about to call Mr. Newsome I laid hold of the Prisoner at the Top of the Stairs; he swore he would stick me if I did not let him go, and gave me this Cut on the Head with something he had in his Hand.

Prisoner I was going along, and fell into the Cellar, I cut my Legs and bruised my Face ry much, and as for the Cut on that Man's Head, the other gave it him in the Scuffle. Guilty , Death .